mayor's message to the city's bartenders. kiet? >> reporter: well, both the mayor and the bartenders themselves know that they have a lot of power on game day. and often, they are the first line of defense. if the niners win the super bowl -- >> they ain't gonna lose. are you from back east? >> reporter: sorry about that. when the niners win the super bowl, mayor edwin lee does not want a repeat of this, what he called knuckleheads. they set fire to a muni bus and rioted in the streets. mayor lee released this statement, saying he expects a celebratory and peaceful super bowl sunday in san francisco. he encouraged bar and restaurant owners to use their best judgment when serving alcohol and not serve visibly intoxicated patrons. >> well, i think to myself, no

duh. >> reporter: they'll be keeping a close eye out for potential troublemakers. >> don't be dumb. let's just have a good time. don't destroy other people's property, you know. make it a fun night. >> reporter: bartenders say they won't hesitate to cut you off if you're drunk. >> being a bartender, we won't tolerate any, you know, people getting out of control, especially not here in the bar anyway. >> reporter: as they say, let's not tear down the city, and show the world we're high-class fans. after the niners beat the falcons last week, they celebrated with respect, something to keep in mind as they are trying to bring the super bowl here to the bay area in 2016. live in san francisco, kiet do, cbs 5. >> good advice. a few of the 49ers have found a different way to stay a

little loose. >> dennis is here to show us how. plus, colin kaepernick and those much talked about tattoos. >> yes. on his bicep and who is not thinking about getting one right now. colin kaepernick is the talk of the 49ers. but after the quarterback, the second-biggest sports star in the bay area might be the kaepernick tattoos. the big trend among the 49er faithful is the quarterback's ink has become a big discussion since kaepernick became the team's starter in november. today in santa clara, kaepernick was asked which tattoo was his favorite. >> probably the one inside my arm that says my gift is my curse. i just feel like that's something that applies to my life in many different ways. i mean, being an nfl quarterback, there's a lot of advantages that come with it. there's a lot of doors that open when you're a quarterback. but at the same time, you're

under a lot of scrutiny. there's a lot of things you can't do as well. >> a lot of scrutiny, a lot of pressure, especially when you're approaching a super bowl. but you don't have to worry about the 49ers being too tight before their biggest game of the season. ♪[ music ]♪ offensive lineman alex boone, joe staley and mike competed. it was clear who got the best moves. >> i had the most rhythm. i don't know if anybody noticed that, but i was killing that dance-off. i'm the challenger. if you want a piece, you gotta come over here and get some. >> i thought staley had a little something on you. >> come on. i know you don't mean that. i know that. >> my interview with alex boone just part of the lineup. there it is, 49er preview super bowl edition. 7:00, here on cbs 5. >> an all-

star lineup for sure. >> then we're headed off to new orleans on saturday. >> life is good. all right. dance moves are one thing. but cbs 5 reporter len ramirez learned coach harbaugh isn't about to let anyone speak a peek at the 49ers fancy footwork on the field. >> reporter: we are one day closer to the super bowl and one day closer to super bowl intensity. apparently coach harbaugh was concerned about our cam on the very top of our transmission tower. we are able to take pictures with the camera. but i can assure you, coach, we were not taking pictures of your practice this afternoon. but it just goes to show you that this is intensity and this is possibly an indication that jim harbaugh may have a couple of trick plays for his brother when they play in the super bowl. len ramirez, cbs 5. some people selling 49er merchandise are feeling a little paranoid. much of the stuff you see being

sold on street corners is counterfeit. one vendor told us his gear was officially licensed but customers confirmed it was not. >> the downside is you're not getting a genuine republic. the quality is probably not good. there may be chemicals that are not approved to be used. >> official nfl gear has a halo gram, tags, and yes, they are more expensive. >> we want to thank all the hundreds of viewers who have been sending us fantastic photographs like this one. this little guy's name is cloud. he is from san jose. he just turned two. thanks to his dad, tan, for that very nice note about the station he sent us. and this family is ready to root for their hometown team, of course, the niners! keep the pictures coming.

send them to news@cbssf.com or upload them to our website. we love 'em! we want more of them! and we're gonna put you on tv. we have learned that tomorrow, the san francisco city attorney will announce a crackdown on what he calls consumer fraud. restaurants that make customers pay surcharge for employee health care but then don't actually reimburse employees for health care bills. tonight julie watts introduces us to a woman who says she knows about this problem first hand. >> reporter: delicious deep- dish pizza, something that patrons have come to expect. and since 2009, a couple of dollars from each bill was supposed to go towards employee health expenses, according to city law. >> and we would just say it was for health care. >> reporter: but brandy says that's not what happened. the former server blew the whistle on the restaurant group after she was let go in 2011. she says she asked managers

repeatedly about the health care. >> i was pretty persistent, but it wasn't the only issue. so i had this perception that i was, you know, a little bit of an annoyance. >> reporter: last week, the city attorney slapped the restaurant with a 200,000 fine. in response, the company issued this statement, saying they took action the moment they noticed that they made a reporting error. >> in early 2009, we were in compliance. in mid 2009, we dropped the ball on reporting our health savings accounts to our employees. we solved that problem on our own in 2011. >> reporter: however, the ceo claims after signing the settlement with the city, he realized that the restaurant did make payments for health care expenses in 2009. more than 1900. and he says the company sent brandy and other employees letters like this one, outlining their benefits. >> we have two statements that we gave brandy. one in 2009 and one in 2011

that outlined her health savings accounts. so you know, i'm sorry that there was a period of reporting that we missed, but she definitely knew that the accounts existed. >> reporter: but brandy says she got no such letter in 2009 and attorneys at the city confirmed the letter freeman showed us today never came up in the months of negotiation. in fact, they say freeman admitted to them that the restaurant never set up a 2009 health care account for employees at all. julie watts, cbs 5. well, we don't usually hear things like this from senator feinstein. >> i was the one to put a finger in a bullet hole, trying to get a pulse. >> coming up, a personal story about a day she rarely talks about. i was just like a jack ass in a jumpsuit. i was a damn fool. >> he's back on stage. hear what it took for this 70's

singing sensation to stay alive behind bars. find out which bay area city saw more rainfall today than the previous 23 days combined. that and a beautiful shot of the bay bridge. those bay lights are practicing tonight. your forecast, right on through the weekend, coming up.

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the city's third ho . breaking news in south san

jose where police are investigating the city's third homicide of the year. a man in his 30's was stabbed multiple times outside an apartment complex on south side drive. plus are looking for four suspects between 18 and 20 years old, possibly in a gray van. the victim died in the hospital. senator dianne feinstein is leading the charge for a new federal assault weapons ban. and for her, this is personal. and she talked about the day that mayor george and supervisor harvey were assassinated at san francisco's city hall. >> i was the one that found supervisor milk's body. and i was the one that put a finger in a bullet hole, trying to get a pulse. once you have been through one of these episodes, once you see what the crime scene is like, it isn't like the movies. it changes your view of

weapons. >> the bill that feinstein introduced today would ban more than 150 assault-style weapons and high-capacity magazines but she concedes it has a slim chance of making it through the congress. a man who knows about gun violence, he knows because he killed three people, was greeted with applause tonight as he took the stage for first time since getting out of prison. this guy isn't just any killer. joe vazquez shows us he was a bay area music superstar. >> reporter: rick stevens is out and loving every second of his freedom. back in the day, late 60's, early 70's, stevens was on top of the world as the lead singer of tower of power, a bay area band known around the globe for its funky beats. but then stevens left the band, got wrapped up in drugs. then it got worse, much worse. >> i was just like a jackass in a jumpsuit.

i was a damn fool. >> reporter: he ended up shooting three men to death. two of them were drug dealers he owed money. the judge sent him to death row. >> i just said, well, i did the crime. i'm gonna do the time or whatever, lord. i'm ready to meet my maker. >> reporter: then a stroke of luck. california's death penalty was suspend. stevens' life was spared. >> the music is what enabled me to faithfully walk the line. the bikers, the skinheads, just anybody that was everybody in a gang showed me respect because of the music. ♪[ music ]♪ ♪ ♪ i'm still a young man ♪ ♪ >> reporter: last july, after 36 years behind bars, stevens was released on parole.

he performed at bimbo's on a benefit. he's looking for redemption for a horrible crime that kept what some call one of the best voices of the generation behind bars for more than three decades. joe vazquez, cbs 5. >> pretty amazing. well, we've confounded the critics. and now california is back from the brink. those words from governor brown during an enthusiastic state of the state address. he promised continued education reform, holding the line on college tuition, and pushing the high-speed rail project through. but at the end of the day, the address was mostly about one thing. >> ling within our means and not spending what we don't have. the people have given us seven years of extra taxes. let us follow the wisdom of joseph. pay down our debts. >> while the governor's speech was upbeat, he faces a fight even within his own party for

some proposes, including a plan to fund poorer schools, possibly at the expense of wealthy suburban districts. it was dethawing last week. and now it's the rain. >> it was cold last week. a lot of folks got down to freezing. now we're seeing warmer nights because we have the cloud cover out there. the trade-off is rainfall. but that's not actually a bad thing. no rain out there now, but it was active around san jose and san ramon, livermore, pleasanton, dublin today. tonight, cbs 5's hi-def doppler, how about san jose? first 23 days of january, three tenths of an inch of rainfall. you had more than that just today. it wasn't really even in our forecast. i'll explain what happened and how it's going to impact our forecast, coming up in a second. tomorrow morning, for the kids at the bus stop, maybe not the heavy jacket. vallejo down to 47. san francisco hanging right

around 50 and santa rosa, 42. not warm but not as cold as we have been. we've got to main flow of the jet stream, basically the atmosphere's path of least resistance. let's scoot right along. sometimes low pressure areas get cut off from the jet stream. this one right here is certainly fitting that bill. when that happens, they often don't move where computer forecast models think they're going to go. this one got closer to us today and it's feeding up all this moisture. all of this jargon i'm talking about, i've got some rainfall that you probably weren't expecting. that begins to move out after tomorrow morning. we'll get a weak cold front, giving us another chance of showers. but next week, sunshine is back. but look at the arrows, down from the arctic. we'll have highs barely into the 50's on sunday and staying in the 50's for a couple days thereafter. clouds keeping us milder at night, like tonight. couple showers tomorrow, mainly

in the south bay again. the pattern change back to sunny. and dry weather comes back next week. san francisco, tomorrow, 59. san jose, even with that shower chance, still at 62. union city, 61. 60 for san ramon. light chance of a shower tomorrow. pittsburg, you'll hit 60. friday in pleasant hill, 60. saturday, the dryer choice over the weekend, upper 50's. sunday, a few showers, but notice the chill. low 50's. pretty chilly for us. monday, 55. and we'll scratch and claw our way back to 60 by wednesday. so dryer next week but the pattern is just a little bit -- not much -- a little bit wetter for the next couple of days. well, rare pictures from world war ii. how the colorful images turned up after 70 years. and we have more 49 fans pictures to show you. these are kelly lyles' dogs.

you gotta look hard. it's bear and lucy lynn, decked out to watch the games. fans come in all size, like little lelo. and joshua and jasmine, big- time 49ers fans. we'll be sending our own team to new orleans. sports director dennis o'donnell will lead the charge. vern glenn will be there, michelle griego and mike sugerman. live coverage begins sunday at 5:30.

closed captioning brought to you by sleep train. wishing you a cozy winter. women who want to serve in military combat it won't happy right away. but it will happen. women who want to serve in military combat roles and meet the fitness requirements will be permitted. leon panetta making the announcement that will open more than 200,000 new jobs to female soldiers and marines. many women say just a chance is

progress. >> it sends a message. it says we're not gonna treat people differently anymore. we're gonna treat people based on their capability. >> the policy will be phased in over the next three years. the branches of the military have until january 2016 to seek special exceptions for jobs that should remain off limits to women. world war ii ended decades ago and we usually see and think of that war in black and white. but some newly discovered color photos are showing the war in a whole new light. life magazine opened up its archives and showed these online today. they show american soldiers. kodak invented color film back in 1935, but war photos were easier to process in black and white and transmit home. there you go. >> wow. all right.

dennis is here now. we've got the sharks and kaepernick fever. >> there is a little problem. i'm a little worried that fans are overlooking the baltimore ravens, special their quarterback, joe flacco. wait till you see the numbers of that quarterback. and the sharks drop the puck in their home opener. it came down to the last minute.

hosting phoenix in sharks fans finally got to see their team at hp pavilion, hosting phoenix in their home opener. san jose trailed 3-2 with less than seven minutes left. the game is tied at 3. now, less than two minutes left, the sharks on a breakaway, joe to marlowe. san jose wins their home opener 5-3. joe flacco has led baltimore to the play-offs in each of his five seasons in the nfl. while the 49ers colin kaepernick may be getting all the hype, maybe it's flacco. he's beaten peyton manning, tom

brady to reach the super bowl. flacco has played one more game in the play-offs, of course, than kaepernick, but look at his impressive numbers. nine touchdowns, no interceptions. still, he doesn't get the respect he deserves, and he doesn't care. >> that's the story of my life. no respect. >> i really don't care. you know, there's guys out there that have to make a living hating on somebody, and if that's gonna be me, then i plan on being around for a while, and if you want to continue to do it, i'll be here. >> wow. for the first time since 1997, the golden state warriors have an all-star. lee averages nearly 20 points per game. seth curry was not selected. i got college hoops. usf-portland. time is running out. the dons win 75-72.

randy bennett, st. marys. gaels up 10-4. all uphill from there. beat down by st. marys in the second half. st. marys wins 81-48. the full monty in salt lake city. allen crabbe had a big night. cal holds on to win. cardinals down double digits early, but chasson randle cut the colorado lead to 18-15. but the buffaloes run away with it. off the turnover, andre roberson to xavier johnson. colorado wins 75-54. if you're joe flacco, you know what concerns me? that guy is playing with a chip on his shoulder. that's not the guy you wanna play, who has a chip and is as hot as he is right now. >> i think a lot of 49er fans will join me when i say to you,

i'm scared! >> oh, you are such a homer. my job is to be an objective journalist, and you have to do nothing but root for the home team. >> i think i'll put my chips in the -- i am scared! >> very good. excellent. a few more fans' photos as we go to break. please keep them coming! we enjoy looking at them. david letterman is next. our next newscast is tomorrow morning at 4-30.

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our next newscast is tomorrow morning at 4-30. thanks for watching. david letterman is coming up next. >> all you flacco fans out there, i'm scared! >> he's gonna do this for how long? >> we'll see. >> dave: do you feel that? you can hear it? the storm, not even here yet hurricane sa are talking about 90 m hour winds...

>> paul: wow. >> dave: ...flooding, the bridges and the tunnels all closed. they closed the subways. and we can't get an audience. so the question is: do we do a show, do we not do a show? >> paul: i don't know. i just... >> dave: it's up to you. >> paul: it's up to me? >> dave: yeah. >> paul: let's go for it. >> dave: do a show? >> paul: come on, let's do a show! >> dave: all right, come on in. why not? oh, wait a minute, the thing is... >> paul: where's the key? >> dave: oh, it's upstairs. ( band playing "late show" theme ) >> from new york, the greatest city in the world it's the "late show" with david letterman. tonight... plus paul shaffer and the cbs orchestra. and now, the perfect storm david letterman!